10 U.S.C. § 1743 — Awards to recognize members of the ac-

Page 1576 TITLE 10—ARMED FORCES § 1743 (3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense. (b) SCHOLARSHIP PROGRAM REQUIREMENTS.— Each recipient of a scholarship under a program conducted under subsection (a)(3) shall be re- quired to sign a written agreement that sets forth the terms and conditions of the scholar- ship. The agreement shall be in a form pre- scribed by the Secretary and shall include terms and conditions, including terms and conditions addressing reimbursement in the event that a recipient fails to fulfill the requirements of the agreement, that are comparable to those set forth as a condition for providing advanced edu- cation assistance under section 2005. The obliga- tion to reimburse the United States under an agreement under this subsection is, for all pur- poses, a debt owing the United States. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1651; amended Pub. L. 108–136, div. A, title VIII, § 834(a), Nov. 24, 2003, 117 Stat. 1550; Pub. L. 108–375, div. A, title VIII, § 812(b), title X, § 1084(f)(1), Oct. 28, 2004, 118 Stat. 2013, 2064; Pub. L. 116–92, div. A, title VIII, § 861(j)(12), Dec. 20, 2019, 133 Stat. 1520.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 116–92 substituted ‘‘acqui- sition positions in the Department of Defense’’ for ‘‘the Acquisition Corps’’. 2004—Pub. L. 108–375, § 1084(f)(1), amended directory language of Pub. L. 108–136, § 834(a). See 2003 Amend- ment note below. Pub. L. 108–375, § 812(b), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2003—Pub. L. 108–136, § 834(a), as amended by Pub. L. 108–375, § 1084(f)(1), amended section catchline and text generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall require that each mili- tary department conduct an intern program for pur- poses of providing highly qualified and talented indi- viduals an opportunity for accelerated promotions, ca- reer broadening assignments, and specified training to prepare them for entry into the Acquisition Corps.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title X, § 1084(f), Oct. 28, 2004, 118 Stat. 2064, provided that the amendment made by section 1084(f)(1) is effective as of Nov. 24, 2003, and as if included in Pub. L. 108–136 as enacted. § 1743. Awards to recognize members of the ac- quisition workforce (a) ESTABLISHMENT.—The President of the De- fense Acquisition University shall establish two programs to provide awards to recognize mem- bers of the acquisition workforce as follows: (1) An award of not more than $5,000 to such members who use an iterative writing process to document a first-hand account of using independent judgment to overcome an obsta- cle the member faced while working within the defense acquisition system (as defined in section 3001 of this title). (2) An award of not more than $5,000 to such members who make the best use of the flexi- bilities and authorities granted by the Federal Acquisition Regulation and Department of De- fense Instruction 5000.02 (Operation of the De- fense Acquisition System). (b) NUMBER OF AWARDS.— (1) IN GENERAL.—The President of the De- fense Acquisition University may make not more than five awards under subsection (a)(1) and one award under subsection (a)(2) each year. (2) LIMITATION.—A member of the acquisi- tion workforce may receive one award each year. (c) REQUIREMENTS FOR WRITING AWARD.— (1) SUBMISSION REQUIRED.—A member of the acquisition workforce desiring an award under subsection (a)(1) shall submit to the President of the Defense Acquisition University the first-hand account described in such sub- section. Such first-hand account shall dem- onstrate— (A) an original and engaging idea docu- menting the use of independent judgment to overcome an obstacle the recipient faced while working within the defense acquisition system; and (B) the use of an iterative writing process, including evidence of— (i) critical thinking; (ii) incorporation of feedback from di- verse perspectives; and (iii) editing to achieve plain writing (as defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)). (2) WEBSITE.—The President of the Defense Acquisition University shall establish and maintain a website to serve as a repository for submissions made under paragraph (1). Such website shall allow for public comments and discussion. (d) REQUIREMENTS FOR FLEXIBILITY AWARD.—A member of the acquisition workforce desiring an award under subsection (a)(2) shall submit to the President of the Defense Acquisition Univer- sity documentation that such member uses ap- proaches to program management that empha- size innovation and local adaptation, including the use of— (1) simplified acquisition procedures; (2) inherent flexibilities within the Federal Acquisition Regulation; (3) commercial contracting approaches; (4) public-private partnership agreements and practices; (5) cost-sharing arrangements; (6) innovative contractor incentive prac- tices; or (7) other innovative implementations of ac- quisition flexibilities. (e) FUNDING.—The Secretary of Defense shall use funds from the Defense Acquisition Work- force Development Account to carry out this section. (Added Pub. L. 117–263, div. A, title VIII, § 801(a), Dec. 23, 2022, 136 Stat. 2692.) Editorial Notes REFERENCES IN TEXT Section 3 of the Plain Writing Act of 2010, referred to in subsec. (c)(1)(B)(iii), is section 3 of Pub. L. 111–274, Page 1577 TITLE 10—ARMED FORCES § 1746 which is set out in a note under section 301 of Title 5, Government Organization and Employees. PRIOR PROVISIONS A prior section 1743, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1651, related to cooperative education program, prior to repeal by Pub. L. 108–136, div. A, title VIII, § 834(b), Nov. 24, 2003, 117 Stat. 1551. [§ 1744. Repealed. Pub. L. 108–136, div. A, title VIII, § 834(b), Nov. 24, 2003, 117 Stat. 1551] Section, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1652; amended Pub. L. 102–484, div. A, title VIII, § 812(f), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 108–136, div. A, title VIII, § 832(c), Nov. 24, 2003, 117 Stat. 1550, related to scholarship program. § 1745. Additional education and training pro- grams available to acquisition personnel (a) TUITION REIMBURSEMENT AND TRAINING.—(1) The Secretary of Defense shall provide for tui- tion reimbursement and training (including a full-time course of study leading to a degree) for acquisition personnel in the Department of De- fense. (2) For civilian personnel, the reimbursement and training shall be provided under section 4107(b) of title 5 for the purposes described in that section. For purposes of such section 4107(b), there is deemed to be, until September 30, 2010, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense. (3) In the case of members of the armed forces, the limitation in section 2007(a) of this title shall not apply to tuition reimbursement and training provided for under this subsection. (b) REPAYMENT OF STUDENT LOANS.—The Sec- retary of Defense may repay all or part of a stu- dent loan under section 5379 of title 5 for an em- ployee of the Department of Defense appointed to an acquisition position. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(15), Feb. 10, 1996, 110 Stat. 511; Pub. L. 106–65, div. A, title IX, § 925(a), Oct. 5, 1999, 113 Stat. 726; Pub. L. 106–398, § 1 [[div. A], title XI, § 1123], Oct. 30, 2000, 114 Stat. 1654, 1654A–317.) Editorial Notes AMENDMENTS 2000—Subsec. (a)(2). Pub. L. 106–398 substituted ‘‘Sep- tember 30, 2010’’ for ‘‘September 30, 2001’’. 1999—Subsec. (a). Pub. L. 106–65 amended heading and text of subsec. (a) generally. Text read as follows: ‘‘The Secretary of Defense shall provide for tuition reim- bursement and training (including a full-time course of study leading to a degree) under section 4107(b) of title 5 for acquisition personnel in the Department of De- fense for the purposes described in that section. For purposes of such section 4107(b), there is deemed to be, until September 30, 2001, a shortage of qualified per- sonnel to serve in acquisition positions in the Depart- ment of Defense.’’ 1996—Subsec. (a). Pub. L. 104–106 substituted ‘‘section 4107(b)’’ for ‘‘section 4107(d)’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title IX, § 925(b), Oct. 5, 1999, 113 Stat. 726, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to charges for tuition or expenses incurred after the date of the enactment of this Act [Oct. 5, 1999].’’ § 1746. Defense Acquisition University (a) DEFENSE ACQUISITION UNIVERSITY STRUC- TURE.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and maintain a defense acquisition university structure to pro- vide for— (1) the professional educational development and training of the acquisition workforce; and (2) research and analysis of defense acquisi- tion policy issues from an academic perspec- tive. (b) CIVILIAN FACULTY MEMBERS.—(1) The Sec- retary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary. (2) The Secretary of Defense shall ensure the defense acquisition university structure in- cludes relevant expert lecturers from extra- mural institutions (as defined in section 1746a(g) of this title), industry, or federally funded re- search and development centers to advance ac- quisition workforce competence regarding com- mercial business interests, acquisition process- related innovations, and other relevant leading practices of the private sector. (3) The compensation of persons employed under this subsection shall be as prescribed by the Secretary. (4) In this subsection, the term ‘‘defense acqui- sition university’’ includes the Defense Systems Management College. (c) CURRICULUM DEVELOPMENT.—The President of the Defense Acquisition University shall work with the relevant professional schools and de- gree-granting institutions of the Department of Defense and military departments, and with ex- tramural institutions (as defined in section 1746a(g) of this title), to ensure that best prac- tices are used in curriculum development to sup- port acquisition workforce positions. (d) COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.—(1) In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooper- ative agreement, or grant pursuant to sub- section (b)(1) of such section, the Secretary may enter into such contract or cooperative agree- ment or award such grant through the Defense Acquisition University. (2) The Defense Acquisition University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Ste- venson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). (e) PRESIDENT APPOINTMENT.—(1) The Under Secretary of Defense for Acquisition and Sustainment shall appoint the President of the Defense Acquisition University. (2) When determining who to appoint under paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall, in con- sultation with the Under Secretary of Defense for Research and Engineering and the service ac- quisition executives, prioritize highly qualified candidates who demonstrate a combination of the following: